How To File For Divorce in Arkansas
Getting divorced in Arkansas is quite similar to getting divorced in other states of the United States. The divorce couple accomplished two things after the divorce. The first one end of the marital relationship and the second one is dividing the assets and debts.
If they have been married for a long time and one of them is unable to support himself with the expenses after divorce then the issue of alimony may arise. If their children are non adults then they have to solve the issues of child custody, visitation, and support.
In this article, we will discuss how to file for divorce in Arkansas. you will get all the information here related to the divorce process in Arkansas. You can also get complete information about Arkansas divorce records on this website.
Grounds For Divorce
The reasons for the divorce are called grounds for the divorce. we have discussed some main reasons for divorce as follows;
Fault-based grounds
This type of divorce is in which partners allege to each other that he or she is responsible or at fault for the breakdown of the marriage. More reasons for this ground are
- Impotence – Your spouse was impotent at the time of the marriage and continues to be impotent;
- Felony conviction – Your spouse is convicted of a felony or other “infamous crime;”
- Drunkenness – Your spouse has a habit of getting drunk continually for one year or a longer period
- Cruel and inhuman treatment – Your spouse behaves in a way that is so cruel that it’s endangering your life;
- Humiliation – Your spouse humiliates you to the point that it makes your life extremely difficult;
- Adultery – Your spouse cheats on you after the marriage;
- Incurable insanity – When you and your spouse have lived separately for 3 years because s/he is incurably insane and has been committed to a mental institution for 3 years or more before filing for divorce; or
- Lack of support – When your spouse is legally obligated to support you and has the ability to do so but s/he doesn’t
No-fault grounds
No fault grounds mean that no one has alleged each other for the reason for the breakdown of the marriage no one is at fault it’s just they want to divorce without any fault.
The separation for this ground is that the spouse has lived separately for more than 18 years period of time.
Covenant Marriages
Arkansas is one of the states that recognize the Covenant Marriages. when you get lienced for marriage in Arkansas you have to specify that you are entering into Covenant Marriage. If you enter in Covenant Marriage then the process of divorce in that kind of marriage is difficult.
There need some grounds for the Covenant Marriage. Grounds for Covenant Marriages are;
- Living separately for at least two years under a judgment of separation (two years and six months is required if there is a minor child of the marriage unless child or spousal abuse occurred in which case the separation must only be one year)
- Adultery
- Your spouse committing a felony or serious crime
- Your spouse abusing you or your children physically or sexually
- Habitual drunkenness
Contested Divorce
In this type of divorce, the partners do not agree on all issues of divorce and ask the court to decide them. This may happen in a trial and it will be time-consuming and expensive also.
Uncontested Divorce
In this type of divorce, the spouse agrees to all issues dividing assets and debts and children’s custody. This type of divorce is easy, not expensive, and not very time-consuming.
Procedure to file divorce in Arkansas
There is a process to file for divorce in Arkansas. we have discussed all the procedures here so that you can understand them easily.
Residency
The first requirement is that the spouse should be a resident of Arkansas for at least 60 days. That means if the spouse moves to Arkansas then they have to wait for 60 days to file divorce in court. Moreover, they have to give documents of residency and also
Prepare Necessary Documents:
Some necessary documents needed to file for divorce in Arkansas are;
- Petition for Divorce (with grounds stated)
- Summons
- Civil Cover Sheet
- Marital Settlement Agreement (if applicable)
- Financial Affidavit
- Child Support Worksheet (if children are involved)
Where to File
If you are a resident of Arkansas then you need to file a divorce in the county court where your spouse lives. If your spouse lives in another county then you need to file for divorce at the county court where he lives.
The procedure begins with filing a complaint for the device. It’s easy when the spouses agree on all issues of separation like dividing assets and debts and children’s custody.
In this situation spouse just needs to hear proceedings and a court order will come in place for divorce. If the spouse does not agree on some issues then the case will take place longer will be time-consuming and will charge high.
Separation period
Before filing for divorce in Arkansas the spouse should know that they are separated for 18 months. because the court may need documents or affidavits for this divorce case.
if you moved to your residence, it does not matter whether your spouse agrees with the separation. You and your spouse must not have cohabited at any time during the 18-month separation period
Can I file for Divorce online?
yes in some situations if you are eligible you can file divorce online. When you think about filing for divorce in Arkansas, the first thing that tends to come to mind is a long process, lots of headaches, and hassle. If you are considering an uncontested divorce you are already going through a difficult period, and the last thing you need is to draw this out even further
you can file your divorce online by just clicking the webpage
Click Here File Divorce Online
How to File for Divorce in Arkansas without a Lawyer
in some cases like when the spouse agrees on all issues, you can file a device without a lawyer that will help you to overcome expenses. To do this you just need the following documents to file the divorce in Arkansas.
Domestic Relations Cover Sheet
Complaint for Divorce
Summons
Confidential Information Sheet
Serving Divorce Paper Work In Arkansas
After you file papers for divorce you must serve a summon to your spouse. This is a notification for your spouse that you have filed papers for divorce proceedings. You can summon these papers by following the method;
- First class mail accompanied by a Form for Notice and Acknowledgment of Service by Mail.
- Certified mail with return receipt requested
If your spouse does not receive it in 20 days then you have to pay for the sheriff’s office so that they serve your summon to your spouse for this sheriff may charge your spouse also.
If you do not know about the current address of your spouse then you can post in a newspaper with court permissions. After receiving the notice your spouse must respond to the court otherwise court can order the dissolution of marriage and your other requests.
Waiting Period for an Arkansas Divorce
The court will not issue divorce instantly when you file papers for divorce. There are some proceedings in the court for all issues. It could be more than 30 30-day period of time the court can issue the decree of divorce. So 30 days is a must for the process of divorce in court.
Property division in Arkansas
After the divorce, the property is divided between both spouses. If the spouse agrees with the decisions of the property then the court not interfere but if the court decides then the following conditions for the property;
- property acquired before your marriage
- property acquired by gift or inheritance during your marriage,
- property acquired in exchange for non-marital property,
- property designated as nonmarital by a written agreement,
- any increase in value, or income from, nonmarital property; and claims for workers’ compensation, personal injuries, or Social Security disability.
Everything will be divided equally to both spouses but the court will consider the following conditions for that;
- Marriage period
- age and health
- occupation
- sources of income
- vocational skills
- Employability
- each party’s estate, liabilities, and needs, and opportunity for further acquisition of capital assets and income,
- each party’s contribution to the acquisition, preservation, or appreciation of marital property,
- federal income tax consequences, and
- any marital misconduct
Child Custody in Arkansas
After the divorce in Arkansas the if spouse’s children are not adults then the custody of children is necessary. Traditionally, one of the spouses has custody of the children and the other has the right to visitation. However, both are responsible for their expenses, especially health care.
The children live mostly with custodial parents and they mostly make decisions about them but the other parents also have the right to visit them and take part in major decisions in their life. Both the spouse can make Major decisions for their children together.
In modern days now the custody of the children is shared by both parents. They equally divide the time for their custody and make the decisions collectively so that their life may not be affected much after their parent’s divorce.
According to the custody laws of Arkansas, the custody can be determined by the best welfare and best interest of the child. The judge “may consider the preferences of the child if the child is of a sufficient age and mental capacity to reason, regardless of chronological age.” Arkansas favors joint custody.
Conclusion
In this article, we have concluded how to file divorce in Arkansas. we understand the process of how we can file for divorce in Arkansas. We knew about the requirements and all the paperwork we had to do. We understand the grounds for divorce types. We covered everything related to the divorce process in Arkansas the property divisions and child custody and we discussed the laws for that. This article is very helpful for those who seeking knowledge about the process of how can file a divorce in Arkansas.
